OMISSIONS AS CRIMINAL ACTS
Know that omissions can satisfy the actus reus requirement and understand the circumstances when omissions are treated as criminal acts.
– Criminal Omission
– Only when there is a legal duty to act
– Failure to report
– Failure to intervene
– Legal duties are created in three ways: Statutes; Contracts or Special relationships
“Did She Have a Legal Duty to Report or Intervene”
https://www.soc.umn.edu/~samaha/cases/state v kuntz omission.htm
Opinion for State v. Kunt= (2000),
the American Bystander Rule
Under the general factual circumstances described here, we conclude that the victim has but one duty after fending off an attack, and that is the duty owed to one’s self-as a matter of self-preservation-to seek and secure safety away from the place the attack occurred. Thus, the person who justifiably acts in self-defense is temporarily afforded the same status as the innocent bystander under the American rule. LaFave & Scott, § 3.3 (a)(5), at 288 (suggesting that “one who innocently creates danger is on principle in the same position as that of a bystander who happens by when a situation of danger has developed”).
Write a short review on the case and then answer the question presented, please and thank you.
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